Common use of NET LEASE; TRUE LEASE Clause in Contracts

NET LEASE; TRUE LEASE. (a) The obligations of Tenant hereunder shall be separate and independent covenants and agreements. This is a net lease and Fixed Rent, Additional Rent and all other sums payable hereunder by Tenant shall be paid, except as otherwise expressly provided herein, without notice or demand, counterclaim, recoupment, abatement, suspension, reduction or defense. (b) Landlord and Tenant agree that this Lease is a true lease and does not represent a financing arrangement. Each party shall reflect the transaction represented hereby in all applicable books, records and reports (including income tax filings) in a manner consistent with “true lease” treatment rather than “financing” treatment. (c) Tenant shall remain obligated under this Lease in accordance with its terms and shall not, except as otherwise expressly permitted by applicable Law, take any action to terminate, rescind or avoid this Lease, notwithstanding any bankruptcy, insolvency, reorganization, liquidation, dissolution or other proceeding affecting Landlord or any action with respect to this Lease which may be taken by any trustee, receiver or liquidator or by any court. (d) As used herein, “Additional Rent” shall mean and refer to all costs and expenses (other than Fixed Rent that Tenant is required to pay hereunder. Tenant shall have an obligation to pay, and Additional Rent shall include, without limitation, all costs and expenses incurred in connection with performing its obligations under Section 9(a) hereof, as well as all charges for gas, electricity, light, heat, water, sewage, and power, for protective and security services, for telephone and other communications, and for all other public or private utility services, which shall be used, rendered or supplied upon or in connection with the Premises or any part thereof, at any time during the Term from and after the Lease Commencement Date.